Monthly Archives: December 2013

Recent Connecticut Decision Sheds Light On Non-Compete Enforceability

On October 23, 2013 Judge Hiller of the Connecticut Superior Court declined to enforce a one year non-compete brought by a lighting and lighting design company against one of its former designers, Chris Brown.  See the decision in Sylvan Shemitz Designs, Inc. v. Brown.

In March 2013, Brown resigned his job for the plaintiff, and went to work at Acuity, a larger company that had four separate divisions focused in lighting controls. The plaintiff sued Brown and alleged that he breached a 2011 non-compete agreement, which indicated he could not work for one year for businesses in the United States that receive 25 percent of revenue from developing, manufacturing or selling lighting control systems. The court found that the geographic restraints and one-year duration of the noncompete agreement were reasonable. The restriction on “any” employment, no matter how important or menial, was not reasonable. Signing a new non-compete mid employment was deemed sufficient consideration where it reduced the length of the restriction from two years to one.

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“First Kill All The Lawyers” – Obama’s Persuader Rules Target Employer’s Right to Counsel

While most Americans were preparing for their Thanksgiving Feast, President Obama showed his thanks last week to Big Labor and its hundreds of millions in campaign contributions by ignominiously allowing his recently confirmed Labor Secretary to move forward his DOL’s long pending radical proposal to dramatically change the decades old “Persuader Regulations”.  The Proposed Rule is designed to give unions both an organizing and bargaining advantage by significantly restricting the right and ability of employers to obtain legal counsel and lawfully communicate with employees about labor matters.

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Company ordered to retain independent contractor pending final hearing of adverse action claim

A recent decision highlights the broad range of remedies that are available in response to adverse action, including pre‑emptive strike proceedings in the form of an interim injunction.

What happened?

An independent contractor provided concrete cartage services to a building materials supplier as an independent contractor.  The independent contractor claimed that the company undertook to extend the contract between the parties until September 2020 if it upgraded to a larger truck.  As a result, the independent contractor spent $150,000 to buy a new truck, after which the company informed the contractor that it did not intend to continue their work arrangement beyond September 2013. More…

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Anti-bullying jurisdiction case management model and draft ‘bench book’ released by Fair Work Commission

The Fair Work Commission (FWC) has released its anti-bullying jurisdiction case management model and a draft anti-bullying jurisdiction ‘benchbook’ for public comment ahead of the commencement of the FWC’s new anti-bullying jurisdiction on 1 January 2014.  Each publication provides useful information for employers in the lead up to the new jurisdiction.  More…

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Final draft Australian Privacy Principles guidelines released for comment

The Office of the Australian Information Commissioner (OAIC) has issued the final draft guidelines detailing how it will interpret and apply the Australian Privacy Principles (APPs) when exercising its functions under the amendments to the Privacy Act which come into effect on 12 March 2014.

The third and final tranche of draft guidelines can be accessed here.

The APPs are principle based and have legislative force.  The consultation period is an opportunity for entities that are subject to the Privacy Act (Cth) 1988 to understand how the changes with impact them and make submissions on any changes to the guidelines. More…

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$41,250 worth of penalties for failure to consult on material change

The Federal Circuit Court (Court) has handed down $41,250 of penalties to an employer for breaching its obligation to genuinely consult on business changes that resulted in redundancies.

What happened?

The breaches arose from the employer’s implementation of a new system of work that resulted in 30 positions being made redundant.  The employer held discussions with affected workers, but those discussions did not satisfy the employer’s consultation obligations under the terms of the relevant industrial instrument, because it was found that the redundancies were a foregone conclusion by the time that the relevant ‘consultation’ occurred. More…

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New ASX Reporting Requirements for Mining and Oil and Gas Entities

New ASX reporting requirements for mining entities and oil and gas entities contained in Chapter 5 of the ASX Listing Rules came into effect on 1 December 2013. The changes mandate a greater level of disclosure, and impose requirements to ensure better quality disclosure.

Mining entities

From 1 December 2013, mining entities are required to comply with the new Chapter 5 and the 2012 edition of the JORC Code*  (with the exception of the requirement for a pre-feasibility study or feasibility study to be completed in order to declare an ore reserve, which will come into effect on 1 December 2014). The new disclosure rules apply in respect of an entity publicly reporting in relation to a material mining project either exploration results, resource estimates or reserve estimates for the first time, or any new exploration results or material changes from previous resource and reserves estimates in respect of a material mining project. More…

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Generasjonsskifte før eller etter årsskiftet?

Arveavgiften forsvinner fra 2014. Samtidig blir reglene for gevinstbeskatning endret. Regelendringene innebærer at det kan være lønnsomt å gjennomføre generasjonsskiftet før årsskiftet. Dersom det er sannsynlig at din arving vil selge arv etter deg, risikerer arvingen å få skatt på deler av verdien som etter dagens er grunnlag for arveavgift. Det du anskaffet gjenstanden for da du mottok den, er etter årsskiftet grunnlaget for beregningen av din arvings skattepliktige gevinst, og ikke den verdien gjenstanden har i dag. Derfor kan endringen innebære en betydelig skatteskjerpelse for dine arvinger fra og med årsskiftet.

Litt forenklet kan man si at skattepliktig gevinst beregnes ved å trekke kjøpesummen (inngangsverdien) fra salgssummen (utgangsverdien). Inngangsverdien på gjenstander mottatt ved arv eller gave har hittil blitt fastsatt til verdien på overføringstidspunktet. I dag skal det betales arveavgift for mottatt arv eller gave som overstiger kr 470 000 pr. arvelater/giver. Dersom arvingen får en gjenstand som utløser skatteplikt ved salg, blir arvingen etter dagens regler kun beskattet for gevinst (verdistigning) som er oppstått i egen eiertid, altså etter at gaven er mottatt. Arvingen/gavemottakeren blir dermed ikke beskattet for den verdistigningen som har funnet sted i giverens/arvelaterens eiertid. More…

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TARK GRUNTE SUTKIENE has joined the Estonian-Russian Chamber of Entrepreneurs

On 5 November 2013, TARK GRUNTE SUTKIENE joined the Estonian-Russian Chamber of Entrepreneurs as an associated member. The membership allows TARK GRUNTE SUTKIENE to take a big step towards Russian clients and to take active part in the development of cooperation between businessmen in Estonia and Russia.

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